2020 US Code
Title 12 - Banks and Banking
Chapter 38A - Single Family Mortgage Foreclosure
Sec. 3761 - Foreclosure costs

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Citation 12 U.S.C. § 3761 (2020)
Section Name §3761. Foreclosure costs
Section Text

The following foreclosure costs shall be paid from the sale proceeds before satisfaction of any other claim to such sale proceeds:

(1) Advertising and postage

Necessary advertising costs and postage incurred in giving notice pursuant to sections 3758 and 3760 of this title.

(2) Mileage

Mileage (determined by the most reasonable road distance) for posting notices and for the foreclosure commissioner's or auctioneer's attendance at the sale, as provided in section 1821 of title 28.

(3) Title and lien search

Reasonable and necessary costs incurred in connection with any search of title and lien records.

(4) Recordation fees

Costs incurred to record documents.

(5) Commission

A commission for the foreclosure commissioner (if the foreclosure commissioner is not an employee of the United States) for the conduct of the foreclosure, to the extent such a commission is authorized by the Secretary.

Source Credit

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)


Editorial Notes EDITORIAL NOTES CODIFICATION

Section is based on section 812 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.

Publication Title United States Code, 2018 Edition, Supplement 2, Title 12 - BANKS AND BANKING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 12 - BANKS AND BANKING
CHAPTER 38A - SINGLE FAMILY MORTGAGE FORECLOSURE
Sec. 3761 - Foreclosure costs
Contains section 3761
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law No
Disposition standard
Statutes at Large References 108 Stat. 2316
Public Law References Public Law 103-327
Congressional Bill S.2281 103rd Congress
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